tv [untitled] September 14, 2010 11:00am-11:30am PST
1:41 supervisor chu: good morning and welcome to the city operations and neighborhood services committee. are there any announcements today? >> all persons attending this meeting are requested to turn off cell phones and pagers. if you wish to submit speaker cards, please place them in the container at the rail in front of you to your left. if you wish to submit copies of materials for members of the committee, please submit extra copies for the court. items sent out of committee today will be considered by the full board of supervisors tuesday of next week on september 21, unless another date is indicated. supervisor chu: thank you very much. we have a number of items before us today, but i would like to take one item of order. please call item five. >> item 5, hearing to consider that the transfer of a type 42
on-sale beer and wine public premises liquor license from 620 post st. to 447 battery street to alberto de almeida jr. for magellan wine, the hidden fine wine bar, will serve the convenience of the people and city and county of san francisco. >> good morning. before you this morning is an application of an existing business that has operated since 2004 at 620 post st.. they are attempting to relocate to 447 battery street. if approved, it will allow the applicant to be a wine bar where they can serve on-sale beer and wine with occasional off-sale wine sales. one of the parts of their business plan is to invite in local wineries where they would then sell product to go. i would point out there's no letters of protest.
we are recommending license for approval with the following conditions. condition one -- sales service of alcohol beverage shelby's permitted only to 20 hours of -- shall be permittednly through the hours of 12:00 p.m. monday through thursday to 12:00 p.m. and 12:00 p.m. to 2:00 p.m. monday -- sunday. condition two, no noise shall be allowed under the control of the licensee. condition three, loitering is defined by -- as channeling -- as idling about without purposes. next condition, the exterior of the premises shall be equipped with lighting and physician power to make easily discernible the appearance and conduct of all persons on or about the premises. position of such a lighting shall not disturb the normal privacy or use of any neighboring residences. the last condition is resident
shall not make structural changes without written approval from the market. we are recommending this application for approval with these conditions. i would also point out that the applicant supports these recommendations -- these conditions. supervisor chu: 90, and for the record, there are no letters of protest -- thank you, and for the record, there are no letters of protest. why don't we open this up for public comment? do any members of the public wish to comment or speak on item 5? seeing none, public comment is closed. thank you. there is a motion to move the item forward with recommendation with the approved conditions. without objection. item one please. >> item 1, hearing to consider the transfer of tight 21 off- sale generalizes from 50 third street to 715 market street
where zains fine wine and spirits will serve the public convenience and necessity of the people of the city and county of san francisco. >> what is before us today is an application to add a new license, type 21, which is technically off sale of beer, wine, and distilled spirits, to the 700 block of market street. i think you are aware of all the increased foot beats we have added to the corridor and all the available space currently on market, so this is one we took a lot of time in reviewing, and i would even say there was a time when we probably would have denied it, but working closely with the applicant, we have come up with some other innovative conditions. i would point out there is 50 letters of protest, but with the conditions we're talking before you today, that should mitigate the vast majority of them once the public or protest since clearly understand what the actual business plan as, and i would say the business plan we are looking at is to be a high-
end of sale wine and distillery shop. the other part that i think as innovative as we will be introducing to you this morning a price point condition that we have not done in the past, so we are recommending approval. i would point out there is some opposition, but i would like to review the conditions we are proposing. condition one -- sales of alcohol beverages shall be permitted between 9:00 a.m. and 10:00 p.m. each day of the week. the next edition -- no alcohol beverage shall be sold with a net retail price of less than $15 u.s. per unit. unit is defined as an individual single alcoholic beverage or single benefactor press package multiple unit. the prepackage price -- the $15 unit price shall be subject to no more than 2% annual increase for each year from the date of the signature of the abc form 172. the increase can be applied at the discretion of the department.
i would point out to work with the director's office to create these conditions. there was a way we could make a distinction between high and businesses that we do not see causing the community or police a problem, compared to the alternative. next, the sale of beer and malt beverages is strictly prohibited, so there will be no beer sold at the premises. next, no persons aged 21 shall be -- shall sell or deliver a call beverages. next condition, no one shall be sold in bottles and containers smaller than 750 milliliters except for manufactured, pre- packaged multiple unit quantities of the for your own more. notice the spirit shall be sold in bottles and containers smaller than 375 milliliters, which is approximately 4/5 of a pint. there shall be no cuts, glasses, or similar receptacles commonly used for drinking beverages in
quantities less than 12 in the original multiple container packages. next, as shall be sold at or above for release which is in the area in a quantity of not less than 3 pounds for sale and shall not be given away. no noise shall be audible beyond the area under control of the licensee. wearing. ordering is defined as standing idly about, lingering aimlessly without lawful business, is prohibited under the control licensee. with these conditions, we are recommending approval. i would point out that the applicant also supports these conditions. thank you. >> thank you. -- supervisor chu: thank you. what was the nature of the letters of protest? >> the underlying theme is something along the lines of there's too much alcohol in the neighborhood. we have enough alcohol being sold, and i absolutely understand that, and when you look at the traditional liquor store model, those are valid points.
when looking at someone who will sell nothing for less than $15, that is a very specialized market. i did not see it impacting police services or certainly not the public. i would also point out just so you guys realize structurally, those protesters have a due process. even if you approve it today and concur with the police department, protest since can still request to have a public hearing and have their issues heard and ultimately resolved, so it is not that we are ignoring them. they have a process in the abc system. supervisor chu: great, and just a question for me to understand -- if this does get approved and the business does open up with the conditions that were set forth, should there be any observation of the violation of those conditions? what usually happens? what is the process to remedy that? >> most of the cases are made by the police apartment or alcohol beverage control. we then filed them with the abc,
or they filed them themselves, and then, the applicant or, by then, the licensee is brought in, and penalties are levied. they can range from anything from a warning will -- warning letter up to finance. you might be looking at the suspicions of a license 10 days or more and fines $1,500 and hire. supervisor chu: ok, thank you. questions from the committee? why don't we open up to public comment. any members of the public wish to speak on item 1? >> good morning, neighborhood services. on item one -- ♪ drink, drink, let the toast start drink, drink heart's never part drink, drink
let the toast start drink, drink let the transfer do not part drink, drink have a good item one liquor transfer start ♪ supervisor chu: thank you. are there any other members of the public that wish to speak on this item? seeing none, public comment is closed. we have a motion to approve this item with the conditions set forward. without objection. item two, please. >> item two, hearing to consider the issuance of have 21 off- sale generalizes to dean zain azzghayer for deans located at 450-460 powell street will serve
the convenience of the people of the city and county of san francisco. >> what is before us is the application for a liquor license that will be located on the ground floor with street access of the senate -- st. francis drake hotel, commonly referred to as 450 cult street. the situation is different in that again, we are looking at a high and wide and spirit shop -- 450 paul -- 450 powell street. the situation is different in that we're looking at a high-end wine and spirits shop. there are six protests, and we're recommending approval, and i would like to share the conditions. first, sales of alcoholic beverages shall be permitted between the hours of 9:00 a.m. and 2:00 a.m. each day of the week, and the next condition is where we go in a different direction -- from the hours of 10:00 p.m. and 2:00 a.m., engines and exit's shall be secured and only used in the event of emergency -- entrances
and exits on to powell street. what we are saying is from 10:00 on, all sales will be going through the lobby, so if somebody off the street wanted to shop at this store, they would have to enter through the lobby of the hotel, and again, with the spirit of allowing the business plan to continue but not impact the community on the outside. next, we also have the price point condition. this one is slightly different -- no fault beverage shall be sold with a net retail price of less than $20 per unit. the $20 unit price selby subject to more than 2% simple interest annual increase for each year from the date of the signature. the increase can be applied at the discretion of the department. again, this is a high-end
distillery and wine shop, so there will be no sales of malt beverages. no person under the age of 21 shells sell or deliver alcoholic beverages. next edition -- no one shall be sold with alcohol content greater than 15% by volume except for dinner once, which shall be aged two years or more and maintained in a quart bottle. when shall not be sold in containers smaller than 750 milliliters except in pre- packaged quantities of 12 or more. no distilled spirit shall be sold in bottles or containers smaller than 375 ml, equivalent to 4/5 of a plant. no cops, glasses, or similar receptacles sold or given away in quantities of less than 12 in their original multi-container package. i saw was look at or above prevailing prices in the area and not less than 3 pounds for sale and shall not be given away for free.
no noise shelled a audible beyond the area under the control licensee, and our last condition, bordering, defined by standing by idly aimlessly, a lingering endlessly without lawful business, is prohibited on the sidewalk -- our last condition, loitering. with these conditions, we are recommending approval. supervisor chu: thank you, inspector. any members of the public wish to speak on this item? >> ♪ to be where little cable cars you can have a drink when they reach the stars in the morning fog, made to the one i will drink to that ♪ supervisor chu: thank you. are there any other members of the public that wish to speak on
item two? seeing none, public comment is closed. there is a motion to approve with conditions without objection. item three please. >> item 3, hearing to consider the premise to premise transfer of a type 48 on-sale general public premises liquor license to 101 - 6th street to expansion of public occupancy into basement storage and 101 - 6th street for playbar, inc., dba the room, will serve the convenience of the people of the city and county of san francisco. >> this is an existing premises. this is a premise to premise transfer, but what we are really doing, what is before you this morning is to consider allowing the basement level of the premises to be licensed and
operated with the upstairs level. i would point out that the lower level has been used in the past, although the paper work was never finalized with the alcohol beverage control, which resulted in it shutting down for a time. they have since gone through the formal licensing process. there has been a 500-foot mailer. there has been a posting, and i would point out there is no objection to this application. we recommend it for approval with the following conditions, which i would point out the applicant supports, and is represented today by counsel, so i'm sure they will have their own comments shortly. first condition is the sale and service shall be permitted only to 20 hours of 2:00 p.m. and 2:00 a.m. each day of the week on the main floor. the lower floor basement level shall permit the sale service of alcoholic beverages sunday through wednesday, 2:00 p.m. to 1:00 a.m., and 2:00 p.m. to 1:45 a.m. thursday, friday, and saturday.
lower floor basement level may sell, sell, and allow consumption of alcohol services from 2:00 p.m. to 2:00 a.m. on new year's eve, christmas eve, thanksgiving eve, the fourth of july, and the sunday before labor day and memorial day only. no noise shall be allowed beyond the area under the control of the licensee. sale and consumption shall remain within the confines of the area depicted in the form here next, sale of beverages for consumption of the premises is strictly prohibited. next, petitioners shall not permit patrons or the general public to loiter or congregate on the general sidewalk adjacent to the premises. orderly standing of patrons in a line to enter the premises shall not be considered loitering or unlawfully congregating. our last condition -- there shall be changes in the interior of the premises without prior written approval from the department. with these conditions, we are recommending the premises for approval, and i would point out again, there are no letters of protest.
supervisor chu: quick question for you -- in terms of the history of the basement, can you speak to what permits and processes have gone forward to make sure these days is adequately and properly used? >> right, it received proper planning. -- to make sure the space is adequately and properly used? >> right, it received proper planning. the licensee has always represented that he thought it was licensed, and that is why he is operating at the basement level. ultimately, through the investigation of the police of poorman, there was a gap in paperwork, so technically, formal occupancy was never approved by the ec. it subsequently was shut down, and it was at that point that the police department requested a formal premises expansion, which rates before you today so that we allow for disclosure of what is happening and everyone the opportunity to speak on the matter.
the license was reviewed by planning. it is an allowable use. the premises was posted for 30 days on the building and subsequently, there was a 500- foot malar conducted to the neighborhood. to the best of our ability, we feel due process has been served, and that brings us to today in the conditions we are proposing with this approval. >> thank you. -- supervisor chu: thank you, and in terms of conditions being proposed here, whether it is the hour or the noise, were any of these in place beforehand? >> no, they did not have these conditions in the past. supervisor chu: thank you. are there members of the public that wish to speak on this item? >> madame chair, commissioners, -- supervisors, excuse me. i and the attorney for -- i am the attorney for playbar.
this is a tough quarter at the corner of mission and six. downstairs, a single-story building with a basement underneath. the basement was always listens to hold alcohol in storage. it did not have public occupancy. reuben solutions and some city money, some redevelopment, they put in sprinkling systems, a second staircase. it was all approved. there was a certificate of final completion. detainment commission actually already allow the expansion, and with the abc, there was over chilly in informal expansion with a new map, and during some tough times between the entertainment businesses south of market and the police department, it was decided that we did not want this to go forward as an informal. we want this to be a formal expansion. we have done all that, and we
are ok with the conditions. you should have before you a letter from urban solutions that was helpful in putting a loan package together through the city to make this happen, so if you have questions, i would be glad to answer them. supervisor chu: thank you. are there any other members of the public that wish to speak on this item? >> ♪ woke up this morning with a license in my hand whose wine white wine what it thickly place design must have been a dream do not believe where i have been come on, item three let's do it again ♪ supervisor chu: thank you. are there any other members of the public that wish to speak on this item? seeing none, public comment is closed. supervisor dufty: make a motion to send this item forward with
the requirements as defined by the police department. supervisor chu: we have a motion to move the item forward with the conditions as proposed without objection. thank you. >> item four, hearing to consider the transfer of an off-sale beer and wine license to bobby vardakastanis 1530 haight street will serve the convenience of the people of the city and county of san francisco. >> the license would allow off- sale beer and wine, a long- standing family store that has been in that location since
1981. there are no letters of protest, and we are recommending the license for approval with conditions. i would like to share those conditions with you now. sales and service of alcoholic beverage selby permitted between the hours of 9:00 a.m. and 9:00 p.m. daily. condition to the wheel, no more than 10% of the square footage of the premises will be used toward the display of alcoholic beverages. next condition -- no noise shall be allowed beyond the area under the control of the licensee. next condition, loitering, as defined as standing about, lingering endlessly without lawful business, is prohibited on a sidewalk or property adjacent to licensed premises. next in addition, there shall be no cuts, glasses, or similar receptacles, lease for the drinking beverages sold, furnish, or given away at the petitioner was a premises -- the
petition opposing premises. i shall be sold at or above prevailing prices in the area in the quantity of of 3 pounds for sale and shall not be given away for free. no person under the age of 21 shells sell or deliver alcohol beverages. no one shall be sold with alcoholic content greater than 15% by volume except for dinner ones which have been aged two years or more and maintained in a cork bottle. , one shall not be sold in bottles and containers smaller than 750 ml -- wine shall love is sold in bottles and containers smaller than 750 ml. -- shall not be sold in bottles and containers smaller than 750 m.l.. no beer shall be sold in quantities less than manufacture prepackaged presale, which must be sold in multi-hit a quantities of four or more.
with these conditions, we are recommending license for approval. briefly, i would point out that the spirit of these conditions is to allow the businesses to continue to support their customer base but not provide the more problematic product as we have experience in the past, so we think these conditions are reasonable for the location, and fine balance to allow the application will forward but not impact the community. thank you. supervisor chu: thank you, inspector. do members of the public wish to speak on this item? >> i'm here with my client, the haight street market. as the inspector indicated -- noted, the business goes back almost 30 years. there was a moratorium for many of those years for any new alcoholic licenses, so they sort of came at the wrong time. that moratorium is no longer in
effect. i have before me -- we have over 200 letters of support, including from the haight- ashbury neighbors. this is a much beloved business. like most businesses, they have gone through some economic hard times in the last three years, and we believe adding some good alcoholic and one beverages will help serve the customer base but also will help improve the financial condition of this small business -- we believe adding some good alcoholic and wine beverages. if i might take 20 seconds of your time, i would like to tell for probably talk about the inspector and how the entertainment commission has -- is so relieved that he has now been brought into the office with the staff. he is probably the most knowledgeable person on
alcoholic beverages in the city by a factor of 10, and now it seems as though he has sort of got himself a way of looking at every district with an eye and not towards -- with a captain of the police department with their own agenda, but looking at the city as a whole and what is good for both the neighbors and the businesses. i know i'm speaking for myself, but a whole lot of my clients and a whole lot of the indicated in the streets in san francisco is really thankful for this. supervisor chu: thank you. you wanted to submit those letters of support? are there any other members of the public who wish to speak on this item? >> ♪ if you are calling to san francisco summer time, there is going to be a new liquor license their
if you are calling to san francisco you are going to get or have a drink on their vacation all across the nation such a drinking vibration you are going to have an item for motion people in motion so if you are going to have a new license on haight street summertime will be is going to be have a drink on there if you are going to the city by the day you are going to have a drink on haight street there ♪ supervisor chu: